Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. SB 2044 Barcode 786280 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget Subcommittee on Finance and Tax (Bogdanoff) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 113 - 151 4 and insert: 5 Section 3. Effective upon this act becoming a law, section 6 212.131, Florida Statutes, is created to read: 7 212.131 Information reports required for sales of alcoholic 8 beverages and tobacco products.— 9 (1)(a) For the sole purpose of enforcing the collection of 10 the tax levied by this chapter on retail sales, the department 11 shall require every seller of alcoholic beverages or tobacco 12 products to file an information report of any sales of those 13 products to any retailer in this state. 14 (b) As used in this section, the term: 15 1. “Seller” means any manufacturer, wholesaler, or 16 distributor of alcoholic beverages or tobacco products who sells 17 to a retailer in this state. 18 2. “Retailer” means a person engaged in the business of 19 making sales at retail and who holds a license pursuant to 20 chapters 561 through 565 or a permit pursuant to chapters 210 21 and 569. 22 (2)(a) The information report must be filed electronically 23 by using the department’s e-filing website or secure FTP or EDI 24 files with the department’s e-filing provider. The information 25 report must contain: 26 1. The seller’s name; 27 2. The seller’s beverage license or tobacco permit number; 28 3. The retailer’s name; 29 4. The retailer’s beverage license or tobacco permit 30 number; 31 5. The retailer’s address, including street address, 32 municipality, state, and five-digit ZIP code; 33 6. The general item type, such as cigarettes, cigars, 34 tobacco, beer, wine, spirits, or any combination of those items; 35 and 36 7. The net monthly sales total, in dollars sold to each 37 retailer. 38 (b) The department may annually waive the requirement to 39 submit the information report through an electronic data 40 interchange due to problems arising from the seller’s computer 41 capabilities, data system changes, or operating procedures. The 42 annual request for a waiver must be in writing and the seller 43 must demonstrate that such circumstances exist. A waiver under 44 this paragraph does not operate to relieve the seller from the 45 obligation to file an information report. 46 (3) The information report must contain the required 47 information for the period from July 1 through June 30. The 48 information report is due annually on July 1 for the preceding 49 reporting period and is delinquent if not received by the 50 department by September 30. 51 (4) Any seller who fails to provide the information report 52 by September 30 is subject to a penalty of $1,000 for every 53 month, or part thereof, the report is not provided, up to a 54 maximum amount of $10,000. This penalty must be settled or 55 compromised if it is determined by the department that the 56 noncompliance is due to reasonable cause and not to willful 57 negligence, willful neglect, or fraud. 58 59 ================= T I T L E A M E N D M E N T ================ 60 And the title is amended as follows: 61 Delete lines 8 - 16 62 and insert: 63 directing the Department of Revenue to require that 64 sellers of alcoholic beverages or tobacco products 65 file information reports of sales of those products to 66 retailers in the state; defining terms; requiring that 67 the report be filed electronically; providing for the 68 content of each report; providing for certain 69 exceptions to the electronic filing requirement; 70 specifying the period for reporting information; 71 providing a penalty for failure of a seller to provide 72 the information report when due; amending s. 212.14, 73 F.S.; authorizing the